Rohtash vs State of U. P. - 2022 Supreme(All) 1410

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1410

Rohtash – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Lal Babu Lal, Ashok Kumar Yadav, Sarvjeet Kumar, Vikrant Pandey.
For the Respondent: Satyendra Kumar Singh.

JUDGMENT :

1. Present criminal appeal challenges judgment and order dated 29.03.2018 passed by the Additional District and Sessions Judge, Court No. 9, Ghaziabad, in Sessions Trial No. 1344 of 2013 whereby the learned Additional District and Sessions Judge has convicted the accused-appellant, Rohtash for commission of offence under Section 302 of Indian Penal Code, 1860 (for short ‘IPC’) and sentenced accused to undergo imprisonment for life with fine of Rs. 10,000/- and in case of default in payment of fine, further to undergo one year simple imprisonment.

2. It is an admitted position of fact that accused-appellant, Rohtash, is in jail since 22.05.2013.

3. Heard Sri Sarvjeet Kumar, learned counsel for the accusedappellant and learned A.G.A. for the State.

4. Brief facts as culled out from the record are that the son-in-law of the deceased lodged an FIR on 11.05.2013 at about 11.00 a.m. against the accused-appellant which got registered as Case Crime No. 91 of 2013 for commission of offence punishable under Section 302 of Indian Penal Code. The FIR was lodged at P.S. Newadi, Distr